Eurasian Patent

GENERAL INFORMATION

The Eurasian Patent Convention entered into force on August 12, 1995, after ratification by four countries. The Convention allows the filing of one patent application in the Russian language with an automatic designation of all Member States.

The following eight States have so far ratified the convention: Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, the Russian Federation, Tajikistan, Turkmenistan.

Moldova denounced the Convention from April 26, 2012. Said denunciation does not affect granted Eurasian patents or applications filed before April 26, 2012 containing the designation of the Republic of Moldova for a Eurasian patent; these patents and applications continue to have full effect. All annuities for Eurasian patents which are valid in the Republic of Moldova are paid to the Eurasian Patent Office as before.

After the grant of a Eurasian Patent, the patentee shall indicate in which Member States he desires to maintain the patent. Fees are then due with respect to each Member State. As of January 1, 1996, it is possible to designate the Eurasian regional phase in a PCT application, (as for the EP-regional phase), the designation including all countries for which the Convention is in force at that point in time. The Eurasian Patent Office also accepts direct applications. The Office is located in Moscow where a complete examination is carried out, including grant and issuance of a single patent document. After-grant aspects (validity, infringement, etc.) are handled by the national authorities.

LEGAL BASIS

Eurasian Patent Convention of September 9, 1994.
Patent Regulations, in force since December 1, 1995, with further amendments.

FILING PROCEDURE

FILING REQUIREMENTS

Specification in singlicate, if filed directly with the Eurasian Patent Office, in English, German or French, for translating into Russian;
Abstract;
Power of Attorney (no legalization);
Drawings in singlicate (A4 format);
Marked-up version of the claims in Russian to illustrate amendments to the claims, if any, that were made during entry into regional phase as per Article 41 PCT Treaty;
Priority document(s), if any.

Where to file: the Eurasian patent application may be filed (a) at the Eurasian Patent Office; or (b) at a national Office of a Member State.

Official language: Russian. If specification and claims were filed in English, German or French a Russian translation may be filed within two months from the filing date.

Designation of the Contracting States: all Member States are automatically designated when filing. The choice of which States in which the patent should extend is made after the grant of the Eurasian Patent.

REMARKS

Duration and renewal: duration is twenty years from the filing date. Annuities are payable each year following the grant of a Eurasian patent at the date corresponding to the filing date. The amount of the fees depends on the number of designated countries. The fees are paid through the Eurasian Patent Office in Moscow.

Effects of a granted patent: a Eurasian patent takes effect on the territory of all Contracting States from the date of its publication. The granted patent will be in force in those countries for which annual fees are paid.

Opposition: an opposition (administrative invalidation) may be filed with the Eurasian Patent Office by any person within nine months of the date of publication of mention of the grant of a Eurasian patent.